§ 6103. Penalty

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1983

   Pub. L. 98–89 · 97 Stat. 500

   Enacted · 46 U.S.C. § 6103

   Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 536

   Source evidence

   Code source credit
   Pub. L. 98–89, Aug. 26, 1983, 97 Stat. 536

2. 1984

   Maritime Safety Act of 1984

   Pub. L. 98–498 title II § 212(b)(2) · 98 Stat. 2296

   Struck · 46 U.S.C. § 6103

   Pub. L. 98–498 struck out “or incident” after “a casualty”

   Source evidence

   Code amendment note
   Pub. L. 98–498 struck out “or incident” after “a casualty”.

   Enacted provision · exact public law section
   (2) Section 6103 of title 46, United States Code, is amended by striking “or incident”.

   Effective date note
   Amendment by Pub. L. 98–498 effective 180 days after Oct. 19, 1984, see section 214 of Pub. L. 98–498, set out as an Effective Date note under section 2306 of this title.

3. 1988

   Commercial Fishing Industry Vessel Safety Act of 1988

   Pub. L. 100–424 § 4(b) · 102 Stat. 1585

   1. Amended · 46 U.S.C. § 6103

      Pub. L. 100–424 designated existing provisions as subsec. (a)

   2. Added · 46 U.S.C. § 6103

      Pub. L. 100–424 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 100–424 designated existing provisions as subsec. (a) and added subsec. (b).

   Enacted provision · exact public law section
   (b) Penalty.— Section 6103 of title 46, United States Code, is amended as follows: (1) before “An” insert “(a)”; and (2) add the following new subsection: “(b) A person failing to comply with section 6104 of this title or a regulation prescribed under that section is liable to the Government for a civil penalty of not more than $5,000.”.

4. 1996

   Coast Guard Authorization Act of 1996

   Pub. L. 104–324 title III · 110 Stat. 3901

   1. Inserted · 46 U.S.C. § 6103(a)

      Pub. L. 104–324 inserted “or 6102” before “is liable”

   2. Substituted · 46 U.S.C. § 6103(a)

      Pub. L. 104–324 substituted “not more than $25,000” for “$1,000”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 104–324 inserted “or 6102” before “is liable” and substituted “not more than $25,000” for “$1,000”.

   Enacted provision · exact public law
   TITLE III— MARINE SAFETY AND WATERWAY SERVICES MANAGEMENT SEC. 301. CHANGES TO DOCUMENTATION LAWS. (a) Civil Penalty.— Section 12122(a) of title 46, United States Code, is amended by striking “$500” and inserting “$10,000”. (b) Seizure and Forfeiture.— (1) In general.— Section 12122(b) of title 46, United States Code, is amended to read as follows: “(b) A vessel and its equipment are liable to seizure by and forfeiture to the United States Government— “(1) when the owner of a vessel or the representative or agent of the owner knowingly falsifies or conceals a material fact, or knowingly makes a false statement or representation about the documentation or when applying for documentation of the vessel; “(2) when a certificate of documentation is knowingly and fraudulently used for a vessel; “(3) when a vessel is operated after its endorsement has been denied or revoked under section 12123 of this title; “(4) when a vessel is employed in a trade without an appropriate trade endorsement; “(5) when a documented vessel with only a recreational endorsement is operated other than for pleasure; or “(6) when a documented vessel, other than a vessel with only a recreational endorsement, is placed under the command of a person not a citizen of the United States.”. (2) Conforming amendment.— Section 12122(c) of title 46, United States Code, is repealed. (c) Limitation on Operation of Vessel With Only Recreational Endorsement.— Section 12110(c) of title 46, United States Code, is amended to read as follows: “(c) A vessel with only a recreational endorsement may not be operated other than for pleasure.”. (d) Termination of Restriction on Command of Recreational Vessels.— (1) Termination of restriction.— Subsection (d) of section 12110 of title 46, United States Code, is amended by inserting “, other than a vessel with only a recreational endorsement,” after “A documented vessel”; and (2) Conforming amendments.— (A) Section 12111(a)(2) of title 46, United States Code, is amended by inserting before the period the following: “in violation of section 12110(d) of this title”. (B) Section 317 of Public Law 101–595 is amended by striking “and 12111” and inserting “12111, and 12122(b)”. (e) Fishery Endorsements.— Section 12108 of title 46, United States Code, is amended by adding at the end the following: “(d) A vessel purchased by the Secretary of Commerce through a fishing capacity reduction program under the Magnuson Fishery Conservation Management Act (16 U.S.C. 1801 et seq.) or section 308 of the Interjurisdictional Fisheries Act (16 U.S.C. 4107) is not eligible for a fishery endorsement, and any fishery endorsement issued for that vessel is invalid.”. SEC. 302. NONDISCLOSURE OF PORT SECURITY PLANS. Section 7 of the Ports and Waterways Safety Act (33 U.S.C. 1226), is amended by adding at the end the following new subsection (c): “(c) Nondisclosure of Port Security Plans.— Notwithstanding any other provision of law, information related to security plans, procedures, or programs for passenger vessels or passenger terminals authorized under this Act is not required to be disclosed to the public.”. SEC. 303. MARITIME DRUG AND ALCOHOL TESTING PROGRAM CIVIL PENALTY. (a) In General.— Chapter 21 of title 46, United States Code, is amended by adding at the end a new section 2115 to read as follows: “§ 2115. Civil penalty to enforce alcohol and dangerous drug testing “Any person who fails to implement or conduct, or who otherwise fails to comply with the requirements prescribed by the Secretary for, chemical testing for dangerous drugs or for evidence of alcohol use, as prescribed under this subtitle or a regulation prescribed by the Secretary to carry out the provisions of this subtitle, is liable to the United States Government for a civil penalty of not more than $1,000 for each violation. Each day of a continuing violation shall constitute a separate violation.”. (b) Conforming Amendment.— The table of sections at the beginning of chapter 21 of title 46, United States Code, is amended by inserting after the item relating to section 2114 the following: “2115. Civil penalty to enforce alcohol and dangerous drug testing.”. SEC. 304. RENEWAL OF ADVISORY GROUPS. (a) Navigation Safety Advisory Council.— Section 5(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is amended by striking “September 30, 1995” and inserting “September 30, 2000”. (b) Commercial Fishing Industry Vessel Advisory Committee.— Subsection (e)(1) of section 4508 of title 46, United States Code, is amended by striking “September 30, 1994” and inserting “September 30, 2000”. (c) Towing Safety Advisory Committee.— Subsection (e) of the Act to Establish A Towing Safety Advisory Committee in the Department of Transportation (33 U.S.C. 1231a(e)) is amended by striking “September 30, 1995” and inserting “September 30, 2000”. (d) Houston-Galveston Navigation Safety Advisory Committee.— The Coast Guard Authorization Act of 1991 (Public Law 102–241) is amended by adding at the end of section 18 105 Stat. 2213. the following: “(h) The Committee shall terminate on September 30, 2000”. (e) Lower Mississippi River Waterway Advisory Committee.— The Coast Guard Authorization Act of 1991 (Public Law 105 Stat. 2215. 102–241) is amended by adding at the end of section 19 the following: “(g) The Committee shall terminate on September 30, 2000.”. (f) National Boating Safety Advisory Council.— Section 13110(e) of title 46, United States Code, is amended by striking “September 30, 1996” and inserting “September 30, 2000”. (g) Clerical Amendment.— The section heading for section 5(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2073) is amended by striking “Rules of the Road Advisory Council” and inserting “Navigation Safety Advisory Council”. SEC. 305. ELECTRONIC FILING OF COMMERCIAL INSTRUMENTS. Section 31321(a) of title 46, United States Code, is amended by adding at the end the following new paragraph: “(4) (A) A bill of sale, conveyance, mortgage, assignment, or related instrument may be filed electronically under regulations prescribed by the Secretary. “(B) A filing made electronically under subparagraph (A) shall not be effective after the 10-day period beginning on the date of the filing unless the original instrument is provided to the Secretary within that 10-day period.”. SEC. 306. CIVIL PENALTIES. (a) Penalty for Failure To Report a Casualty.— Section 6103(a) of title 46, United States Code is amended by striking “$1,000” and inserting “not more than $25,000”. (b) Operation of Uninspected Towing Vessel in Violation of Manning Requirements.— Section 8906 of title 46, United States Code, is amended by striking “$1,000” and inserting “not more than $25,000”. SEC. 307. AMENDMENT TO REQUIRE EPIRBS ON THE GREAT LAKES. Paragraph (7) of section 4502(a) of title 46, United States Code, is amended by inserting “or beyond 3 nautical miles from the coastline of the Great Lakes” after “high seas”. SEC. 308. REPORT ON LORANC REQUIREMENTS. Not later than 6 months after the date of enactment of this Act, the Secretary of Transportation, in cooperation with the Secretary of Commerce, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a plan prepared in consultation with users of the LORANC radio-navigation system defining the future use of and funding for operations, maintenance, and upgrades of the LORANC radionavigation system. The plan shall provide for— (1) mechanisms to make full use of compatible satellite and LORANC technology by all modes of transportation, the telecommunications industry, and the National Weather Service; (2) an appropriate timetable for transition from ground-based radionavigation technology after it is determined that satellite-based technology is available as a sole means of safe and efficient navigation and taking into consideration the need to ensure that LORANC technology purchased by the public before the year 2000 has a useful economic life; and (3) agencies in the Department of Transportation and other relevant Federal agencies to share the Federal Government’s costs related to LORAN–C technology. SEC. 309. SMALL BOAT STATIONS. (a) In General.— Chapter 17 of title 14, United States Code, is amended by adding at the end the following: “§ 673. Small boat station rescue capability “The Secretary of Transportation shall ensure that each Coast Guard small boat station (including a seasonally operated station) maintains, within the area of responsibility for the station, at least 1 vessel that is fully capable of performing offshore rescue operations, taking into consideration prevailing weather, marine conditions, and depositional geologic features such as sand bars. “§ 674. Small boat station closures “(a) Closures.— The Secretary of Transportation may not close a Coast Guard multimission small boat station or subunit unless the Secretary— “(1) determines that— “(A) remaining search and rescue capabilities maintain the safety of the maritime public in the area of the station or subunit; “(B) regional or local prevailing weather and marine conditions, including water temperature or unusual tide and current conditions, do not require continued operation of the station or subunit; and “(C) Coast Guard search and rescue standards related to search and rescue response times are met; and “(2) provides an opportunity for public comment and for public meetings in the area of the station or subunit with regard to the decision to close the station or subunit. “(b) Operational Flexibility.— The Secretary may implement any management efficiencies within the small boat station system, such as modifying the operational posture of units or reallocating resources as necessary to ensure the safety of the maritime public nationwide. No stations or subunits may be closed under this subsection except in accordance with subsection (a).”. (b) Clerical Amendment.— The analysis at the beginning of chanter 17 of title 14, United States Code, is amended by adding at the end the following new items: “673. Small boat station rescue capability. “674. Small boat station closures.”. SEC. 310. PENALTY FOR ALTERATION OF MARINE SAFETY EQUIPMENT. Section 3318(b) of title 46, United States Code, is amended— (1) by inserting “(1)” before “A person”; and (2) by adding at the end thereof the following: “(2) A person commits a class D felony if the person— “(A) alters or services lifesaving, fire safety, or any other equipment subject to this part for compensation; and “(B) by that alteration or servicing, intentionally renders that equipment unsafe and unfit for the purpose for which it is intended.”. SEC. 311. PROHIBITION ON OVERHAUL, REPAIR, AND MAINTENANCE OF COAST GUARD VESSELS IN FOREIGN SHIPYARDS. (a) Prohibition.— Chapter 5 of title 14, United States Code, is amended by adding at the end the following: “§ 96. Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in foreign shipyards “A Coast Guard vessel the home port of which is in a State of the United States may not be overhauled, repaired, or maintained in a shipyard outside the United States, other than in the case of voyage repairs.”. (b) Clerical Amendment.— The chapter analysis for chapter 5 of title 14, United States Code, is amended by adding at the end the following: “96. Prohibition on overhaul, repair, and maintenance of Coast Guard vessels in foreign shipyards.”. SEC. 312. WITHHOLDING VESSEL CLEARANCE FOR VIOLATION OF CERTAIN ACTS. (a) Title 49, United States Code.— Section 5122 of title 49, United States Code, is amended by adding at the end the following new subsection: “(c) Withholding of Clearance.— (1) If any owner, operator, or individual in charge of a vessel is liable for a civil penalty under section 5123 of this title or for a fine under section 5124 of this title, or if reasonable cause exists to believe that such owner, operator, or individual in charge may be subject to such a civil penalty or fine, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91). “(2) Clearance refused or revoked under this subsection may be granted upon the filing of a bond or other surety satisfactory to the Secretary.”. (b) Port and Waterways Safety Act.— Section 13(f) of the Ports and Waterways Safety Act (33 U.S.C. 1232(f)) is amended to read as follows: “(f) Withholding of Clearance.— (1) If any owner, operator, or individual in charge of a vessel is liable for a penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to a penalty or fine under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91). “(2) Clearance refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.”. (c) Inland Navigation Rules Act of 1980.— Section 4(d) of the Inland Navigational Rules Act of 1980 (33 U.S.C. 2072(d)) is amended to read as follows: “(d) Withholding of Clearance.— (1) If any owner, operator, or individual in charge of a vessel is liable for a penalty under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to a penalty under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91). “(2) Clearance or a permit refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.”. (d) Title 46, United States Code.— Section 3718(e) of title 46, United States Code, is amended to read as follows: “(e) (1) If any owner, operator, or individual in charge of a vessel is liable for any penalty or fine under this section, or if reasonable cause exists to believe that the owner, operator, or individual in charge may be subject to any penalty or fine under this section, the Secretary of the Treasury, upon the request of the Secretary, shall with respect to such vessel refuse or revoke any clearance required by section 4197 of the Revised Statutes of the United States (46 App. U.S.C. 91). “(2) Clearance or a permit refused or revoked under this subsection may be granted upon filing of a bond or other surety satisfactory to the Secretary.”. SEC. 313. INFORMATION BARRED IN LEGAL PROCEEDINGS. (a) In General.— Chapter 63 of title 46, United States Code, is amended by inserting after section 6307 the following: “§ 6308. Information barred in legal proceedings “(a) Notwithstanding any other provision of law, no part of a report of a marine casualty investigation conducted under section 6301 of this title, including findings of fact, opinions, recommendations, deliberations, or conclusions, shall be admissible as evidence or subject to discovery in any civil or administrative proceedings, other than an administrative proceeding initiated by the United States. Any employee of the Department of Transportation, and any member of the Coast Guard, investigating a marine casualty pursuant to section 6301 of this title, shall not be subject to deposition or other discovery, or otherwise testify in such proceedings relevant to a marine casualty investigation, without the permission of the Secretary of Transportation. The Secretary shall not withhold permission for such employee or member to testify, either orally or upon written questions, on solely factual matters at a time and place and in a manner acceptable to the Secretary if the information is not available elsewhere or is not obtainable by other means. “(b) Nothing in this section prohibits the United States from calling the employee or member as an expert witness to testify on its behalf. Further, nothing in this section prohibits the employee or member from being called as a fact witness in any case in which the United States is a party. If the employee or member is called as an expert or fact witness, the applicable Federal Rules of Civil Procedure govern discovery. If the employee or member is called as a witness, the report of a marine casualty investigation conducted under section 6301 of this title shall not be admissible, as provided in subsection (a), and shall not be considered the report of an expert under the Federal Rules of Civil Procedure. “(c) The information referred to in subsections (a) and (b) of this section shall not be considered an admission of liability by the United States or by any person referred to in those conclusions and statements.”. (b) Clerical Amendment.— The table of sections at the beginning of chapter 63 of title 46, United States Code, is amended by adding after the item relating to section 6307 the following new item: “6308. Information barred in legal proceedings.”. SEC. 314. MARINE CASUALTY REPORTING. (a) Submission of Plan.— Not later than one year after enactment of this Act, the Secretary of Transportation shall, in consultation with appropriate State agencies, submit to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a plan to increase reporting of vessel accidents to appropriate State law enforcement officials. (b) Penalties for Violating Reporting Requirements.— Section 6103(a) of title 46, United States Code, is amended by inserting “or 6102” after “6101” the second place it appears.

3 of 6 references resolved to an enrolled provision · 3 partial